Published tribunal order
Tenancy Tribunal case 5195311 — Rent arrears at 4 Rothwell Place, Springlands, Blenheim 7201
Decided 2 May 2025 · Published 2 May 2025 · Application 5195311
Mixed / unclear
- Rent arrears
Order
- Joeline Lorraine O'Connor owes Kāinga Ora–Homes And Communities $9,001.43 (“the debt”) being rent arrears to 6 May 2025.
- Joeline Lorraine O'Connor must pay rent and the debt as follows: a. By: i.2 weekly payments of $208.00, being $198.00 for rent and $10.00 for the debt on Wednesday 7 May and Wednesday 14 May 2025. ii.449 weekly payments of $218.00, being $198.00 for rent and $20.00 for the debt commencing on Wednesday 21 May 2025 and continuing weekly each Wednesday b. A final payment of $199.43, being $198.00 for rent and $1.43 for the debt. c. Payments will be every Wednesday commencing as set out in Order a. above and will continue until 12/01/2034. d. In the event that the weekly rent increases or decreases in the future from $198.00 a week, Joeline Lorraine O’Connor is to pay: i. an extra $10.00 a week in addition to the new weekly rent payment until the end of the rent week beginning on Wednesday 14 May 2025, ii. from an Wednesday 21 May 2025 the payment towards rent arrears increases to extra $20.00 a week in addition to the new weekly rent
- Payments will be allocated in the following order: rent, rent arrears.
- If the tenant fails to pay rent and rent arrears within 3 working days of the due dates: a. The tenancy at 4 Rothwell Place, Springlands, Blenheim 7201 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- Both parties attended the hearing which was held by telephone.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.
Should a conditional termination order be made?
- Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986 as specified in the order and is unlikely to commit any further relevant breach.
- The rent arrears are significant. I have carefully considered the landlord’s submissions and that the tenant has her rent and extra rent arrears payments redirected from her benefit to the landlord. I am satisfied the tenant understands the importance of meeting her rent payments. For these reasons I have granted a conditional termination order.
- The tenant currently is paying an extra $10.00 a week towards her rent arrears. She needs some time to arrange for the redirection of her benefit to be amended.
- The conditional order recognises that the weekly rent is likely to change dependant on the tenant’s income. Regardless of the amount of weekly rent that is payable the tenant is to pay an extra $10.00 a week towards the rent arrears until the rent week ending 20 May 2025. From the rent week commencing 21 May 2025 an extra $20.00 a week towards the rent arrears must be paid regardless of the amount of the weekly rent.
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.